EIGHTEENTH CONGRESS OF THE )REPUBLIC OF THE PHILIPPINES )Third Regular Session )

SENATE

S.B. No. 2405

10:25 a.m.

Introduced by SENATOR RONALD "BATO" DELA ROSA

AN ACTSTRENGTHENING THE REGULATION OF PRIVATE SECURITY SERVICES INDUSTRY, REPEALING FOR THE PURPOSE, REPUBLIC ACT NO. 5487, ENTITLED, "AN ACT TO REGULATE THE ORGANIZATION AND OPERATION OF PRIVATE DETECTIVE, WATCHMEN OR SECURITY GUARD AGENCIES", AS AMENDED

EXPLANATORY NOTE

It is a declared policy of the State, as provided in Section 5 of the 1987

Philippine Constitution, to wit:

"The maintenance of peace and order, the protection of life, liberty, and

property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy."

The government acknowledges the role of security guards and other private

security professionals in the country. They are considered by the Philippine National

Police as force multipliers in maintaining peace and order, and providing security and

protection to the community.

Republic Act (RA) No. 5487, otherwise known as The Private Security Agency

Law was approved on June 21, 1969. In October 1972, certain provisions of the law

was amended by Presidential Decree No. 11. Surely, in a span of 52 years, the private

security industry has seen its share of changes and adjustments. And the most obvious

question is whether RA 5487 is still capable of providing order to the Private Security

Industry as well as protecting the rights of those who belong to it. If not, then it is

likewise our duty to identify its gaps and inadequacies.

This proposed legislation seeks to primarily strengthen the regulation of the

private security services industry in order to adapt to the development and

advancement of the current times and to provide the needed protection for all security

guards and other private security personnel. The enactment of this proposed measure

is long overdue.

In view of the foregoing, the immediate passage of the measure is earnestly

sought.

RONALD DELA ROSA

EIGHTEENTH CONGRESS OF THE )REPUBLIC OF THE PHILIPPINES )Third Regular Session )

SENATE

S.B. No. 2405

10:25 a.m.

Introduced by SENATOR RONALD "BATO" DELA ROSA

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AN ACTSTRENGTHENING THE REGULATION OF PRIVATE SECURITY SERVICES INDUSTRY, REPEALING FOR THE PURPOSE, REPUBLIC ACT NO. 5487, ENTITLED, "AN ACT TO REGULATE THE ORGANIZATION AND OPERATION OF PRIVATE DETECTIVE, WATCHMEN OR SECURITY GUARD AGENCIES", AS AMENDED

Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:

CHAPTER IGENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as "The Private Security Services

Industry Act".

SEC. 2. Declaration of Policies. - The State recognizes the vital role of the private

sector in the protection of the people and safeguarding of property as well as

maintenance of peace and order in the country.

Towards this end, the State shall adopt measures to strengthen the regulation

of private security services industry and establish quality standards to ensure

competent private security personnel and professionals that complements our law

enforcement authorities in preservation of public order in the country.

1 SEC. 3. Definition of Terms. - As used in this Act:

2 a. Company Guard Force refers to a security force maintained and operated by

3 any private sole proprietorship, one-man corporation, company/corporation,

4 association or cooperative utilizing any of its employees to watch, secure or

5 guard its business establishment premises, compound or properties.

6 b. License to Exercise Security Profession (LESP) refers to a permit issued by the7 Chief of the PNP or the duly authorized representative, recognizing a natural

8 person to be qualified to perform the duties as security professional or training

9 personnel.

10 c. License to Operate (LTO) refers to a permit issued by the Chief PNP or the duly

11 authorized representative, certifying and authorizing a person to engage in

12 employing and deploying security guards, K9 teams, protection agents, private

13 detectives and other licensed specialized security personnel; or a juridical

14 person to establish, engage, direct, manage or operate a private detective

15 agency or private security agency or company guard force after payment of

16 the prescribed dues or fees and after complying with all the requirements as

17 provided by the rules and regulations implementing this Act.

18 d. Pre-Licensing Training Programs refer to licensing pre-requisite and pre-

19 licensing training programs that include all training and academic programs

20 and courses with the objective to indoctrinate the individual with the basic skills

21 and educational backgrounds necessary in the effective exercise and

22 performance of the security and detective profession. These include, but are

23 not limited to, the Basic Security Guard Course and the Security Officers

24 Training Course.

25 e. Private Investigator refers to a duly licensed private security personnel to

26 perform detective, investigative and business intelligence.

27 f. Private Investigation Agency refers to any duly licensed entity that employs

28 and deploys private investigators; or provides detective and investigative

29 services in consideration for a management and administrative fee.

30 g. Private Security Agency refers to any person, natural or juridical, who contracts,

31 recruits, trains, furnishes or posts any security guard, to perform its functions

32 or solicit individuals, businesses, firms, or private, public or government-owned

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or controlled corporations to engage its sen/ice or those of his/its security

guards, for hire, commission or compensation thru subscription or as a

consultant/trainer to any private or public corporation whose business or

transactions involve national security or interest like the operation and/or

management of domestic or ocean vessels, airplanes, helicopters, seaports,

airports heliports, landing strips etc., or as consultant on any security related

matter, or to provide highly specialized security, private escort, detective and

investigation services like gangway security, catering security, passenger

profiling, baggage examination, providing security on board vessels or aircraft,

or other security needs that PNP may approve.

Private Security Industry refers to the industry that is engaged in providing

security consulting, management, administration, operation, and provision of

private or company watchman, guarding, investigative work, security training,

K9 security, providers of security hardware, security hardware operation,

personal protection services, security consultant. Security uniform and

paraphernalia suppliers and the consumers of the services thereof.

Private Security Professionai refers to a person who is issued a valid LESP of

any classification or category, issued by the designated government Agency

after satisfying all the qualifications and requirements set for by this law and

its implementing rules and regulations. It includes Security Watchmen, Security

Guards, Security Officers, Personal Security Escorts, Private Investigator,

Training Officers and Directors, K9 Handlers, K9 Administrators, K9 Evaluators,

K9 Trainers, Kennel Masters and other Certified or Licensed Security Service

Providers rendering or performing security. Investigation, Security Escorting

Services, Security Hardware Planners and Systems Designers, Security

Hardware Operators, Security Managers, Security Consultants whether

employed by private security agencies, private corporations, government

agencies or independently practicing or providing professional security

services.Private Security Services refers to the act of providing or rendering security

services for compensation pursuant to a mutually agreed terms of reference

and contract and shall include the act of providing or rendering services to

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watch an establishment whether public or private, building, compound/area or

property, to conduct access control/denial in any form whether physically,

manually or scientifically by electronic monitoring systems, for the purpose of

securing such area/property and at the same time ensuring safety and

protection of persons within such areas, to maintain peace and order within

such areas, to conduct private security training, and/or to conduct investigation. It shall also include the act of contracting, recruiting, training,

furnishing or posting any security guard, to do its functions or solicit individuals,

businesses, firms, or private, public or government-owned or controlled

corporations to engage his/its service or those of his/its security guards, for

hire, commission or compensation thru subscription or as a consultant/trainer

to any private or public corporation.

Private Security Training refers to training and academic programs and courses

duly approved and prescribed by the PNP and adopted by the Technical

Education and Skills Development Authority (TESDA). It includes the pre­

licensing requirements of individual security guards and other security

personnel approved by RA 5487, the periodic and non-periodic in-service skill

refreshers for such security personnel, and other specialized, individual or

group, private security personnel skills development.

Security Consuitant refers to a security professional authorized by law to

provide security services such a designing and formulation of a Security Plan,

Threat and Vulnerability Assessment, Resiliency Planning, Security Surveying,

Security Auditing, Risk Management, Travel Security Training, Event Security

Planning and Management, Emergency and Incident Planning and

Management, Crisis Management, Business Continuity and other services

related to the formulation of security-related solutions other than providing

guards and watchmen.

CHAPTER IIREGISTRATION AND LICENSING OF PRIVATE SECURITY AGENCY

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SEC. 4. Private Security Agency (PSA). - Any Filipino citizen or juridical entity wholly

owned and controlled by Filipino citizens may organize a private security agency and

provide security services.

SEC. 5. PSA Operator or Licensee. - No applicant shall be granted license to operate

PSA unless the applicant possesses the following qualifications:

a. Must be at least twenty-five (25) years of age;

b. Must hold a bachelor's degree;

c. Must be a part owner of the company or in case of juridical entity, holder of at

least one (1) share of stock with voting rights;

d. Must be of good moral character;

e. Must not have been convicted no-previous record of any conviction of any crime

or offense involving moral turpitude; and

f. Must be physically and mentally fit, and passed the neuro-psychiatric test and

drug test administered by the PNP or other similar government centers and

facilities:

Provided, That in case of juridical entity, the named operator or licensee shall

be its President or any of its directors complying with the above requirements and

duly authorized by their Board of Directors.

SEC. 6. License to Operate (LTO) -k license to operate (LTO) issued by the Chief PNP

is required to operate and manage a PSA and, PSTA: Provided, That LTO for PSTA

shall be granted only to a training school, institute, academy, or educational institution

which offers courses prescribed and approved by the PNP or training programs

accredited by TESDA.

SEC. 7. Period of Vaiidity of LTO. - LTO issued to PSA and PSTA shall be valid for a

maximum period of five (5) years, subject to renewal: Provided, That the Chief PNP

may set a shorter validity period for LTO with applicable fees adjusted accordingly.

SEC. 8. Fees and Bond to be Paid - Every application for LTO shall be accompanied

by a bond issued by competent or reputable surety, fidelity or insurance company.

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duly accredited by the Insurance Commission. The bond shall be used to answer to

any valid and legal claim against the agency by its clients or employees. The amount

of bond shall be determined by the Chief PNP depending on the number of PSPs

employed.

SEC. 9. Administrative Fee of Private Security Agencies. - The minimum administrative

fee that may be charged by PSAs to its clients shall not be less than twenty per cent

(20%) of the total contract cost, subject to adjustment by the Department of Labor

and Employment: Provided, That additional fees shall be charged for the acquisition

and maintenance of extraneous tools and equipment used for security operation by

the agency required by the clients and for the continuous deployment of private

security professionals in hazardous conditions.

SEC. 10. Issuance of Firearms. - Ownership and possession by PSAs and its PSPs

shall be in accordance with Republic Act No. 10591, entitled "An Act Providing for a

Comprehensive Law on Firearms and Ammunition and Providing Penalties Thereof":

Provided, That possession of firearms by PSPs shall only be allowed during its time of

duty: Provided, further. That inventory of firearms of PSAs shall be subject to periodic

inspection by the PNP.

SEC. 11. Uniform. -The uniform of private security personnel shall be different from

the uniform worn and prescribed for members of the AFP, the PNP and other law

enforcement authorities. The Chief PNP, through the authorized representative, shall

prescribe the uniform, ornaments, equipment and paraphernalia to be worn by the

private security professionals while on duty.

CHAPTER IIIPRIVATE SECURITY PROFESSIONALS

SEC. 12. License to Exercise Private Security Profession (LESP). - No applicant shall be

granted license to exercise Private Security Profession unless the applicant possesses

the following qualifications:

a. Must be a Filipino citizen;

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b. Must be physically and mentally fit;

c. Must be of good moral character; and

d. Must not have been convicted of any crime involving moral turpitude.

For purposes of securing an LESP, a letter of authority to conduct training must

be issued by the SOSIA. Such training includes the pre-licensing requirements of the

individual private security professionals, periodic and non-periodic in-service skill

refreshers for such security personnel, and other specialized, individual or group,

private security personnel skills development: Provided, That the PNP Chief shall

provide for additional qualifications for Security Consultant and Security Officers based

on the industry requirements and practice.

Sec. 13. Period of Vaiidity of LESP. - The LESP of duly qualified private security

professionals shall be valid for a period of five (5) years from the date of its issuance.

SEC. 14. Pre-Licensing Training. No person shall be granted LESP without undergoing

Pre-Licensing Training Program as defined in this Act.

SEC. 15. Ladderized Training and Education. -The PNP, in partnership with private

security training institution or public institutions duly accredited by the government to

provide such training education to private security professionals, shall develop

ladderized training and education which include basic security guard courses,

specialized security guard courses, security officers training courses, whether

specialized or not, detective training courses, and candidate protection agent courses.

It shall also include enhancement trainings, such as but not limited to, supervisory

trainings, personal upliftment and other specialized trainings to place the security

professional a level up from his current position.

CHAPTER IV PENAL PROVISIONS

SEC. 16. Penai Ciause. - Any violation of the provisions of this Act, after due notice

and hearing, shall suffer the corresponding penalties herein provided:

1 a. A license to operate of PSA may be cancelled, revoked or suspended by the

2 Chief PNP when:

3 1. It takes part in an armed conflict against the government;

4 2. It uses force or the threat of force or those it represents in a

5 national or local electoral contest;

6 3. It uses its authority to be involved in human rights violations;

7 4. It is used as a privately-owned and operated para-military

8 organization operating outside of the regulatory framework

9 established by this law and the implementing rules and

10 regulations adopted by the PNP;

11 5. It intentionally and maliciously makes use of electronic security

12 devices or remote video surveillance in a manner that violates the

13 privacy of civilians;

14 6. It acted grossly negligent in dealing with violations, or mistakes

15 of its members, or incompetency in its ranks;

16 7. Its named operator or licensee is convicted by final judgement of

17 any crime or felony;

18 8. It violates any provision of the Labor Code of the Philippines, as

19 amended, including its implementing rules and regulations; and

20 9. It acted in a manner which renders the private security agency a

21 detriment to the maintenance of peace and order.

22 b. Any PSAs or any entity which operates without a valid LTO shall suffer the

23 penalty of fine of not less than one million pesos (P1,000,000.00) and not more

24 than five million pesos (P5,000,000.00) at the discretion of the Chief PNP;

25 c. Any PSAs or any entity which operates with an expired LTO shall suffer the

26 penalty of fine of not less than fifty thousand pesos (P50,000.00) and not more

27 than one hundred thousand pesos (P100,000.00) at the discretion of the Chief28 PNP.

29 d. Any person practicing Private Security Profession without a valid license or

30 expired license shall suffer the penalty of fine of not less than fifty thousand

31 pesos (P50,000.00) and not more than one hundred thousand pesos

32 (P100,000.00) at the discretion of the Chief PNP;

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e. Any person who offers to render or renders services to persons or places

conducting illegal activities shall suffer the penalty of imprisonment of not less

than twelve (12) years and one day to twenty (20) years, and a fine of one

million pesos (PI,000,000), at the discretion of the court, without prejudice to

criminal prosecution under other laws;

f. Any person who violates any of the provisions of this act not mentioned in the

preceding subsections shall suffer the penalty of Imprisonment of not less than

six (6) months and one day to six years, or a fine of one million pesos

(P1,000,000), or both, at the discretion of the court, and cancellation or

suspension of its license with forfeiture of the bond without prejudice to

criminal prosecution under other laws.

If the offender is a juridical entity, the penalty shall be imposed upon the officer

or officers of the juridical entity who participated in the decision that led to the

violation of any provision of this Act, without prejudice to the cancellation of their

license issued by the PNP.

CHAPTER VMISCELLANEOUS PROVISIONS

SEC. 17. Implementing Rules and Regulations (IRR). -The Chief PNP, in consultation

with stakeholders and other national private security associations, representations of

private security cooperatives and other stakeholders of the security industry, and

subject to the provisions of existing laws, shall promulgate the rules and regulations

necessary to implement the provisions of this Act within ninety (90) days from its

effectivity. Furthermore, the Chief PNP shall consult with the said stakeholders prior

to the issuance of all regulations and issuances related to and affecting the private

security services industry. The PNP is mandated to review the IRR every three (3)

years.

SEC. 18. Separability Clause. - If any part or provision of this Act is declared

unconstitutional, the remainder of this Act or any provisions not affected thereby shall

remain in force and effect.

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SEC. 19. Repealing Clause. - Republic Act 5487 is hereby repealed. All other laws,

presidential decree or issuance, executive order, letter of instruction, rules, regulations

and administrative orders inconsistent with the provisions of this Act are hereby

repealed or modified accordingly.

SEC. 20. Effectivity. -This Act shall take effect fifteen (15) days after its complete

publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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